Overview of California's Trans Fat Ban

AB 97 by Assembly member Tony Mendoza (D-Artesia) was signed into law in 2008 and added Section 114377 to the California Health and Safety Code relating to the ban of artificial trans fats in California's food facilities (hereinafter "trans fat ban"). Below is an overview of the trans fat ban and shall not be construed to provide any legal advice. Please read the law in its entirety by viewing Section 114377 of the California Health and Safety Code at http://www.leginfo.ca.gov/calaw.html. Consult with your attorney or other appropriate professional as necessary.

Regulators are working with the industry on a more official document detailing trans fat ban guidelines to provide guidance and answers to frequently asked questions. The document will be released after receiving sign off from the regulating community.

Food facilities affected by the California Trans Fat Ban
The trans fat ban applies to all food facilities in California except for public elementary, middle, junior high or high school cafeterias (hereinafter, affected food facilities are referred to as "food facilities"). (NOTE: Public schools, grades K-12, are already prohibited from serving any food containing artificial trans fat pursuant to the passage and signing into law of SB 490 by Senator Elaine Alquist (D-Santa Clara), which became effective July 1, 2009).

Exceptions

The trans fat ban does not apply to food sold or served in a manufacturer's original, sealed package.
For the first year only, the trans fat ban does not apply to oil, shortening or margarine used to deep fry yeast dough or cake batter.
As mentioned above, the trans fat ban does not apply to public school cafeterias.

Mandatory maintenance of labels for all foods/food additives containing any fat, oil or shortening
This law requires that every food facility shall maintain on the premises the label for any food or food additive that is, or includes, any fat, oil or shortening, for as long as this food or food additive is stored, distributed, served by or used in the preparation of food within the food facility. "Label" refers to the label that is required by applicable federal and state law to be on the food or food additive at the time of purchase by the food facility.

Ban of oil, shortening or margarine containing artificial trans fat begins Jan.1, 2010
Beginning Jan. 1, 2010, no oil, shortening or margarine containing artificial trans fat for use in spreads or frying may be stored, distributed, served by or used in the preparation of any food within a food facility. The only exception is that oil, shortening or margarine containing artificial trans fat may be used when deep frying yeast dough or cake batter.

Ban of all food containing artificial trans fat begins Jan. 1, 2011
Beginning Jan. 1, 2011, no food containing artificial trans fat may be stored, distributed, served by or used in the preparation of any food within a food facility. This prohibition also applies to the deep frying of yeast dough or cake batter.

Definition of what is artificial trans fat free (artificial trans fat free = less than 0.5 grams per serving)
For purposes of the trans fat ban, there is a presumption that a food contains artificial trans fat if the food contains vegetable shortening, margarine or any kind of partially hydrogenated vegetable oil, unless the label required pursuant to applicable federal and state law lists the trans fat content as less than 0.5 grams per serving.

Fines for non-compliance
A violation of this section shall be punishable by a fine of not less than $25 or more than $1,000.

Please read the California trans fat ban law in its entirety by viewing Section 114377 of the California Health and Safety Code at http://www.leginfo.ca.gov/calaw.html